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The message from worker advocates about Donald Trump’s labor secretary choice is clear:
Andrew Puzder mistreats his own employees and should thus be disqualified from office.

Sen. Patty Murray (D-Wash.), AFL-CIO President Richard Trumka and others took turns
outlining their case for why Secretary-designate Puzder isn’t fit to lead the Labor
Department. On a Dec. 22 call for reporters, the speakers’ resounding theme was that
Puzder, the chief executive officer of CKE Restaurants Inc., has a history of actions
and statements from his time in the private sector that directly contradict the department’s
purpose of improving workers’ welfare.

“By nearly every measure, Andrew Puzder appears to be a uniquely unqualified choice,
and stands against the very mission of the department he’s been selected to lead,”
Murray, ranking member of the Senate Health, Education, Labor and Pensions Committee,
said on the call. “Workers deserve a secretary of labor whose priority is higher wages
and good jobs for workers—not profits for big corporations that come at workers’ expense.”

Puzder runs the parent company of the Hardee’s and Carl’s Jr. fast food brands. He’s
been a vocal critic of the DOL’s recent efforts to expand overtime pay and the agency’s
calls for steep minimum wage increases, while supporting automation technology that
could make some jobs obsolete.

Although Democrats and worker groups are likely to ramp up their criticism of Puzder
as his confirmation approaches, a Republican majority in the Senate means Puzder will
likely be installed in the Frances Perkins Building sometime next year.

Trumka Wants Information

“Unless these legitimate concerns are addressed, we will vigorously oppose Mr. Puzder’s
nomination,”
the labor federation president said.

Trumka cited the results of a Bloomberg BNA
analysis of Labor Department investigations of Carl’s and Hardee’s stores. It found that of
the Wage and Hour Division’s dozens of investigations at those brands during the Obama
administration, about 60 percent uncovered at least one Fair Labor Standards Act violation.

However, those workplace audits were mostly conducted at franchised locations, not
at company-owned stores.

ROC United Surveys Carl’s Jr. Workers

More allegations of worker violations are on the way. The Restaurant Opportunities
Centers United is now surveying Hardee’s and Carl’s Jr. employees, Saru Jayaraman,
founder and co-director of the worker center, said on the call.

Jayaraman said she has interviewed more than 100 employees of Puzder’s brands thus
far. One emerging issue, especially at Carl’s Jr., is that workers report being told
to work off the clock when approaching 40 hours in a week to avoid overtime pay requirements,
she said. The surveyed employees also said they weren’t given breaks when working
an eight-hour shift because their restaurants were short-staffed.

A full report featuring the results of the interviews will be published by ROC United
before Puzder’s hearings begin, Jayaraman said.

Trump tapped Puzder Dec. 8. His confirmation hearings haven’t been scheduled but could
begin as soon as early January.

Puzder’s confirmation is highly likely—thanks to the GOP having control of the Senate—barring
any surprising revelations, such as from his financial disclosures or criminal background
check.

But Democrats may still use the HELP Committee hearings and Senate floor debate to
contrast Puzder’s background with Trump’s populist message. The strategy would be
part of a broader appeal to voters that the president-elect is already walking away
from campaign promises.

Trump Transition Defends Puzder

The Trump transition team, upon learning of the news conference, issued a statement
to Bloomberg BNA praising Puzder’s business experience.

“Andy Puzder was nominated to lead the Department of Labor thanks to his extensive
experience creating jobs and fighting for smart policies that promote growth,” the
transition team said. “CKE, a company he helped save while creating thousands of jobs
in the process, has a strong record despite being burdened by over-regulation and
is fully transparent with a myriad of reporting and filing requirements.”

In defending Puzder, the incoming administration simultaneously advanced its position
that some Obama-era regulations need to be reconsidered.

“When it comes to rethinking existing policies, Andy’s focus will be on protecting
the best interests of American workers and businesses,” the statement added.

To contact the reporter on this story: Ben Penn in Washington at
bpenn@bna.com

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